Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 28, 2024
CASE NO(S).: OLT-23-000319
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Profile (TT) Inc. and Profile Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA to facilitate development of 53 residential units in two blocks of four-storey stacked townhouses with ground-floor commercial unit
Reference Number: 22 219197 ESC 25 OZ
Property Address: 3351-3359 Ellesmere Road
Municipality/UT: City of Toronto
OLT Case No: OLT-23-000319
OLT Lead Case No: OLT-23-000319
OLT Case Name: Profile (TT) Inc./Profile Developments Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to facilitate development of 53 residential units in two blocks of four-storey stacked townhouses with ground-floor commercial unit
Reference Number: 22 219197 ESC 25 OZ
Property Address: 3351-3359 Ellesmere Road
Municipality/UT: City of Toronto
OLT Case No: OLT-23-000320
OLT Lead Case No: OLT-23-000319
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Site Plan
Description: SPA to facilitate development of 53 residential Units in two blocks of four- storey stacked townhouses with ground-floor commercial unit
Reference Number: 22 240955 ESC 25 SA
Property Address: 3351-3359 Ellesmere Road
Municipality/UT: City of Toronto
Heard: November 23, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Profile (TT) Inc. and Profile Developments Inc. | Chantal deSereville Denise Baker (in absentia) |
| City of Toronto | Jamie Dexter Jason Davidson (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI ON NOVEMBER 23, 2023 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1The matter before the Ontario Land Tribunal (the “Tribunal”) was with respect to the appeals of the non-decision of the City of Toronto (the “City”) regarding applications to amend the Official Plan, Zoning By-law and a Site plan.
2Profile (TT) Inc./Profile Developments Inc. filed an application for an Official Plan Amendment and a Zoning By-law Amendment (the "OPA and ZBLA Applications") with the City of Toronto (the "City") in order to facilitate the development of 53 residential units in two (2) blocks of four-storey stacked townhouses and a ground-floor commercial unit. An associated Site Plan Application was submitted in December of 2022.
3The Tribunal heard that the further scheduled one-day CMC would not be required, as the Parties confirmed that a Settlement had been reached and was presented for the consideration of the Tribunal.
4The Tribunal was informed that the Settlement only includes the OPA and ZBLA as the Site Plan appeal remains outstanding.
5The Tribunal was presented the following materials for this Settlement hearing:
- Affidavit of Paul Demczak - Exhibit 1
- Document Book - Exhibit 2
- Supplementary Document Book- Exhibit 3
EVIDENCE AND SUMMARY OPINION
6The Tribunal was presented with the witness statement of Mr. Paul Demczak, a Principal of Batory Management, a planning consulting firm specializing in land use planning and development management services in support of the Settlement.
7Mr. Demczak was affirmed and qualified to provide expert opinion evidence in relation to land use planning.
8Mr. Demczak proffered that the Revised Proposal comprises one 4-storey, 13.5 metre low-rise apartment block containing a total of 51 residential units and a proposed commercial space at the Ellesmere Road and Conlins Road intersection. The proposal contains a total of 6,993 square metres of gross floor area.
9Mr. Demczak further proffered that the primary change between the original and Revised Proposal involves combining the two proposed townhouse blocks into one, while maintaining a consistent street-oriented north façade, and moving the waste storage facility into the main building. This allows the south portion of the site to be used for vehicle parking, access, loading, and drop-off, a 102 square metre (“sqm”) outdoor amenity area, and bike storage buildings. The vehicle access has been simplified and additional vehicle and bike parking spaces have been added. The rear setback to the south is 18.26 metres.
10Summary of changes from the Original to Revised Proposal:
| Original Proposal | Revised Proposal | |
|---|---|---|
| Gross Floor Area | 6,672 sqm | 7,090.6 sqm |
| FSI | 1.92 | 2.04 |
| Height | 4 Storeys (13.5m) | 4 Storeys (13.5m) |
| Lot Coverage | 43% | 45.8% |
| Total Units | 53 | 51 |
| Studio Units | n/a | 1 |
| 1 bedroom | n/a | 1 |
| 2 bedrooms | 31 | 15 |
| 3 + bedrooms | 22 | 34 |
| Vehicle Parking | 8 | 14 |
| Bike Parking | 33 | 46 |
| Commercial Space | 256sqm | 135.4 sqm |
| Outdoor Amenity Area | 0 | 102 sqm |
| Loading Space | 1 Type G | 1 Type G |
11Mr. Demczak opined that the Settlement Proposal:
- has regard for matters of Provincial interest under s.2 of the Act,
- is consistent with the Provincial Policy Statement 2020 (“PPS”);
- does not conflict with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“Growth Plan”);
- conforms to the City of Toronto Official Plan (“OP”);
- provides for a compatible design that does not create any adverse impacts; and,
- is appropriate for the Subject Lands, represents good planning, and is in the public interest.
FINDINGS
12On the strength of the uncontroverted expert opinion evidence of Mr. Demczak and upon a review of the applicable provisions of the Act, the PPS, the Growth Plan and the City of Toronto OP, the Tribunal is satisfied that the proposed OPA and ZBLA represent an efficient use of land, resources, and infrastructure. It finds that the proposed OPA and ZBLA are consistent with the PPS, conform with the Growth Plan and the City of Toronto OP, and have regard to the matters of provincial interest set out in s. 2 of the Act.
13The revised proposed modifications ensure that the redevelopment of the site continues to fit appropriately in context and addresses the City’s various growth and housing priorities.
14Further, the revised proposal (“Revised Proposal”) establishes an appropriate development located on a major street, with good access to amenities and existing and planned transit, and the inclusion of an assortment of unit sizes presents variety into the Neighbourhood context and contributes to the City’s housing targets. Additionally, the Revised Proposal facilitates the improvement of public space along Ellesmere Road and has been designed and sited to accommodate the future Ellesmere BRT alignment.
15The Tribunal is of the view that the Settlement reached by the Parties is fair and reasonable, and that the resulting OPA and ZBLA represent good planning in the public interest. The Tribunal praises the Parties on having worked collaboratively and engagement in productive discussions in order to reach a Settlement in these proceedings.
INTERIM ORDER
16THE TRIBUNAL ORDERS THAT the appeals are allowed in part, on an interim basis.
18The Tribunal will withhold the issuance of its Final Order contingent upon confirmation of the Parties of the following pre-requisite matter:
a. that the Tribunal has received, and approved, the Official Plan Amendment and the Zoning By-law Amendment submitted in their final forms, confirmed to be satisfactory to the Parties.
19The Panel Member will remain seized for the purposes of reviewing and approving the final drafts of the Official Plan and Zoning By-law Amendments and the issuance of the Final Order.
20If the Parties do not submit the final drafts of the Official Plan and Zoning By-law Amendments, and do not request the issuance of the Final Order, by October 31, 2024, the Parties shall provide a written status report to the Tribunal by that date as to the timing of the expected confirmation and submission of the final form of the draft Official Plan and Zoning By-law Amendments and issuance of the Final Order by the Tribunal.
In the event the Tribunal fails to receive the required status report, and/or in the event the contingent pre-requisites are not satisfied by the date indicated above, or by such other deadline as the Tribunal may impose, the Tribunal may then dismiss the Appeal.
21The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of the final form of the instruments, the satisfaction of the contingent pre-requisite and the issuance of the Final Order.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.